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Writer's pictureLegal Thikana

Citizens have right to visit any place in India subject to restrictions says Calcutta High Court.


Panasam Akshara | Calcutta HC | July1,2022

Case-Suvendu Adhikari v.Sri Manoj Malaviya,IPS and others.

BJP MLA Suvendu Adhikari filed case against West Bengal police for violating earlier order by restricting him from going to Netai Village in Jhargram District on January 7,2022.Calcutta High Court issues notices in contempt petition to West Bengal's Director General of police,Manoj Malviya and other two IPS officers, namely former Jhargram superintendent Biswajit Ghosh and the current additional police superintendent,Kalyan Sarkar.The MLA was on his way to meet victims of 2011 massacre wherein CPM activists fired at villagers killing nine of them during left front rule . Justice Sabyasachi Bhattacharya observed in order dated Jan 5,22 the court granted permission to Adhikari to visit the village after recording that as a citizen he as well as his security have right not only to visit village but any other place in India subject to restrictions and without violating any provisions of law,he opinioned that the concerned police have prevented Adhikari from visiting Netai despite assurance given by Advocate General S.N.Mookherjee the court marked.Court observed that Adhikari is not visibly armed and had not physically threatened the contemnors there is no need of police to prevent him from going to Village. Concluding the case court has ordered IPS officers a show cause notice as to why they should not be prisoned or penalised or put charges for willfully violating the orders. Accordingly,court has directed them to physically present in court on next hearing which will take place on July 28 at 10:30 a.m.


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